C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)

105
INDENTURE FOR SECURED ADVAI{CES
FORM 31
(for use in cases in which the contract is for finished work and the contractor has entered into an
ag:reernent for the exscution of a certai:: specifu queutity of wo-rk in a given tirne)
This indenture made the day of 20
BU|WEEN
(hereinafter called the contractor which expression shall where
the context so admits or irrrplies be deemed to include his executors, administrators and assigns)
or the one part and the Employer of the other part.
Whereas by art agreement dated _
agreement) the contractor has agreed.
(hereinafter ca-lled the said
AND WHEREAS the contractor has applied to the Employer that he may be allowed advanced on
the security of materials absolutely belonging to him and brought by him to the site of the works
the subject of the said agreement for use in the construction of such of the works as he has
undertaken to executive at rate fixed for the hnished work (inclusive of the cost of materials and
labour and other charges).
AND WHEREAS the Employer has agreed to advarrce to the Contractor the sum of Rupees
on the security of materials the quantities and other particulars of
which are detailed in Accounts of Secured Advances attached to the Running Account bill for the
said works signed by the Contractor on
and the Employer has reserved to himself
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by the Contractor to the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rupees
on or before the execution of these
presents paid to the Contractor by the Employer (the receipt where of the Contractor doth hereby
acknowledge) and of such further advances (if any) as may be made to him as aforesaid the
Contractor doth hereby covenant and agree with the Fresident and declare as follows:
(1) That the said sum of Rupees so advanced by the Employer to
the Contractor as aforesaid and all or any further sum of sums advanced as aJoresaid shall
be employed by the Contractor in or towards expending the execution of the said works and
for no other purpose whatsoever.
(21 That the materia-ls details in the said Account of Secured Advances which have
been offered to and accepted by the Employer as security are absolutely the
Contractor's own propriety and free from encumbrances of any kind and the contractor
will not make any application for or receive a further advance on the
security of materials which are not absolutely his own property and free from
encumbrances of any kind and the Contractor indemnified the Employer against all
claims to any materials in respect of which an advance has be made to him as
aforesaid.
(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may hereafter
be made as aforesaid (hereafter called the said materials) shall be used by the
Contractor solely in t}re execution of the said works in accordance with the
directions of the Engineer.
(4) That the Contractor shall make aJ his own cost. All necessary and adequate
arrangernents for the proper watch, safe custody and protection against all risks of
the said materials and that until used in construction as aforesaid the said
materials shall remain at the site of the said works in the Contractor's custody and
on his own responsibility and shall at all times be open 16 inspection by the
Engineer or any officer authorized by him. Le the event of the said materials or any
part thereof being stolen, destroyed or damaged or becoming deteriorated in a
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